"use of force" training programmes, and should disseminate such information, as well as facilitating bilateral assistance. Exchange of information on capital punishment: - The ODIHR should study the best ways of achieving a constructive exchange of information on the question of the abolition of capital punishment, in accordance with human dimension commitments, consistent with Copenhagen, Moscow, and Helsinki, and should serve as a point of contact for information provided by participating States. International humanitarian law: - Participating States should forward to the ODIHR names of military legal advisers, who could serve as expert contacts. - In areas of conflict where CSCE missions or institutional arrangements are present, the CSCE, in cooperation with the ICRC, should play a role in disseminating information on international humanitarian law. - Participating States should lend their support to the idea of further promotion within the United Nations of a declaration on minimum humanitarian standards. - The Chairman-in-Office should give serious consideration to the utility to the CSCE of the report currently being prepared by an intergovernmental group of experts at the behest of the International Conference for the Protection of War Victims, concerning practical means of promoting full respect for and compliance with international humanitarian law. CLUSTER III Cluster III dealt with the subitems covered under the headings Rule of Law and Democratic Institutions: Independence of judiciary; Fair trials; Free elections; Democracy at national, regional and local levels; and Citizenship and political rights. Much of the discussion in Cluster III focused on practical aspects of implementation. Many participants spoke to the issue of independence of the judiciary. A number of general prerequisites were set forth: independence from the government, as well as independence from political parties, groups, and associations; independence from the parties to a judicial process; financial security for judges; and job security. It was also noted that a functioning independent judiciary presupposed the existence of independent lawyers, and that access to the legal system must be fair and open to all. Participants uniformly acknowledged the importance of full compliance with CSCE commitments concerning an independent judiciary. A number of obstacles were identified which are inhibiting implementation in States currently undergoing transition to democracy and a market economy. These include severe economic difficulties, the lack of a legal mindset among the general population, a serious shortage of trained personnel, and the continued presence of personnel whose orientation was formed under previous regimes - including, in some instances, individuals whose previous service appears to make them unfit to serve responsibly in a democratic judicial system. The difficulty of reconciling the concept of irremovability of judges with this latter factor was noted. Many participants described the operation of the judicial system in their own countries, and elaborated on reforms of judicial procedure and relevant legislation, including criminal codes. A number of participants expressed appreciation for assistance that had been offered in this area, and confirmed the need for continued help. It was suggested that a future ODIHR seminar might focus on practical aspects of the principles of an independent judiciary. The view was expressed that CSCE commitments in the area of free elections have given the ODIHR CSCE ODIHR BULLETIN Vol. 2, No. 1 42